The Edinburgh Solicitors\u2019 Property Centre (ESPC) has existed for a long time and holds itself \u2013 and more importantly its members \u2013 up as an industry standard.<\/p>\n
In response to the claims in the episode of Panorama, Chief Executive Paul Hilton has issued a call for ethical estate agency practices \u2013 and has highlighted the ethical advantages of working with solicitor estate agents in Scotland. This differs from England where there is almost always a division between the legal work connected to a property sale and the selling process. <\/p>\n
Paul has issued an open letter by way of response: \u201cAt ESPC, alongside our 130 solicitor estate agent member firms, we value openness, honesty and clear communication \u2013 qualities that were notably absent in the cases highlighted.\u00a0 However, these examples do not reflect the entire estate agent market, particularly not solicitor estate agents, who are regulated by the Law Society of Scotland. This regulation provides a robust framework for ethical standards and client protection.\u00a0\u00a0<\/p>\n
\u201cThe investigation highlighted concerns with overvaluing, with agents inflating prices to win the instruction, and clear conflicts of interest by the agents, prioritising commissions and additional sales opportunities over the interest of sellers. Conditional selling was also exposed. This is where offers from buyers not using the selling agents\u2019 mortgage broker are prejudiced against. There were clear cases where commission was prioritised over sellers\u2019 interests.\u00a0<\/p>\n
\u201cMost sellers in Scotland choose a solicitor estate agent to manage the entire transaction \u2013 a practice we strongly advocate. This ensures that the sellers\u2019 best interests are prioritised throughout the process and mitigates many of the issues raised in the investigation, as both Buyers and sellers are each represented by their own legal professionals who are duty-bound to act in their clients\u2019 best interests.\u00a0 Sellers also benefit from a partner who understands the full scope of the transaction, from the local market, marketing to conveyancing and completion, offering greater protection, clarity, and service.\u00a0\u00a0<\/p>\n
\u201cI\u2019ve been speaking with Laura Walker from ESPC member firm Deans Solicitors & Estate Agents LLP on this. She said: \u201cSolicitor estate agents are regulated by the Law Society of Scotland, whilst estate agents do not have the same level of regulation. Regulation provides the public better protection throughout the whole process of both buying and selling a property. Solicitors maintain professional practices held to the highest of standards, who at all times must act in the best interests of their clients.\u202f\u202f\u00a0<\/p>\n
\u201cSelecting a solicitor estate agent means you\u2019re getting expert legal advice and a comprehensive, start-to-finish service \u2014 all under one roof, backed by the Law Society of Scotland\u2019s rigorous regulatory framework.\u201d\u00a0<\/p>\n
\u201cThere are additional measures we recommend to prevent such unethical practices altogether:\u00a0<\/p>\n
\u201cThere were many recommendations in the ROPA report which, if introduced, would mitigate a number of these risks. This introduces the concept of an independent property-agent regulator, something which is currently missing. It also centres on a single, mandatory and legally enforceable Code of Practise for property agents and ensuring that there are minimum entry requirements and continuous professional development for property agents, again something that currently is not mandatory.<\/p>\n
\u201cWe\u2019ve been taking strides with this at ESPC, with the introduction of the SPC Property Practice Certification which has been developed with the Law Society of Scotland.\u00a0<\/p>\n
\u201cClarity on valuations should also be provided. How has that figure been reached? Through the ESPC Charter, ESPC firms are already well adapt at doing this.<\/p>\n
\u201cA further roll out of the Scottish model should also be considered. Offers should be submitted via a third party to the selling agent. This ensures that there is no conflict of interest between buyers, sellers and commission.\u00a0<\/p>\n
\u201cWe encourage home buyers and sellers to choose solicitor estate agents for a safer, more transparent property journey. Learn more about our standards<\/a>.\u201d<\/p>\n![\"\"](\"https:\/\/www.europesays.com\/uk\/wp-content\/uploads\/2025\/07\/1753059981_439_w=1024.jpeg\")
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